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HomeMy WebLinkAbout13571reception 2059967 01/24/2017 02:30:19 PM RESOLUTION NO. 13571 A RESOLUTION VACATING A DRAINAGE AND DETENTION EASEMENT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The following easement: All of the Drainage and Detention Easement located within a portion of Lots 1 and 2, Block 1, Trinity Life Subdivision, filed for record on October 21, 1998 at Reception No. 1244702 in the records of the Pueblo County Clerk and Recorder, County of Pueblo, State of Colorado. is hereby vacated. SECTION 2. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution to effectuate the policies and procedures described herein. SECTION 3. This Resolution shall be approved but shall not become effective until the final vacation plat is recorded in the office of the Pueblo County Clerk and Recorder. If the vacation plat is not recorded within one (1) year after of this Resolution, or within any extended period granted by Resolution of the City Council, this Resolution shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the applicant. No vested rights shall accrue to the subdivision or be acquired until this Ordinance becomes effective. Le,co Le), *Co INTRODUCED: November 28, 2016 BY: Ed Brown J wc en raer r,raAo• , if 4a APPROV _ o, oo PRE DENT OF CITY COUNCIL ATTESTED BY: A. ITY CLERK City Clerk’s Office Item # M-5 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: November 28, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT:A RESOLUTION VACATING A DRAINAGE AND DETENTION EASEMENT SUMMARY: The applicant is requesting to vacate a drainage and detention easement, located within Lots 1 and 2, Block 1, Trinity Life Subdivision. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The applicant is requesting to vacate all of the drainage and detention easement, located at the rear of Lots 1 and 2, Block 1, Trinity Life Subdivision. In 1998 a new commercial building was constructed at 2430 Oakshire Lane and in 2007 a new commercial building was constructed at 2400 Oakshire Lane. The applicant is now seeking approval to combine the two (2) parcels (LL-16-08) and the two (2) buildings into one (1) structure with an addition to both buildings (C-16-26). The proposed addition will encroach into the drainage and detention easement; therefore, the drainage and detention easement must be removed and recreated to fit with the new construction and the configuration of the new detention pond. The Stormwater Department has no issues with the vacation of the easement, but will require a new drainage and detention easement be granted to the City of Pueblo by separate instrument (not platted but by separate, recorded, document) and recorded prior to the issuance of a building permit. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their November 9th, 2016 Regular Meeting, voted 4-0-1 (Schilling and Castellucci absent and Eslinger abstained) to recommend approval with the following condition of approval: 1. The proposed drainage and/or detention easement(s) that will be granted by separate instrument shall encompass the proposed reconfigured detention pond and must be granted to the City, accepted by City Council, and recorded before a building permit is issued The condition of approval has been complied with by the applicant. STAKEHOLDER PROCESS: The Planning Department sent out Notice of the Planning and Zoning Commission Public Hearing to all property owners located within 300 feet of the subject property. A Public Notice poster was placed on the subject property 15 days prior to the Public Hearing. ALTERNATIVES: If City Council does not approve this Resolution, the easement would remain in its current configuration. Upon request of City Council, the Resolution could be returned to the Planning and Zoning Commission for consideration of proposed modifications. RECOMMENDATION: Approval of the Resolution. Attachments: Minutes of the Planning and Zoning Commission November 9, 2016 Public Hearing Memorandum from the Department of Public Works Dated November 17th, 2016 Planning and Zoning Commission Staff Report with Exhibits